Terms and Conditions of Use
- Purpose and Website Services
- Acceptance and Modification of Terms
- Registering for the Website Account
If you enrol in Real Estate Agent’s Services and consent to use the Website, you may have the option to create a profile on the Website that saves your Personal Information (as defined herein) (“Website Account”), which will be managed in accordance with Real Estate Agent’s information management policies and procedures including those pertaining to the collection, use and disclosure of Personal Information (as defined herein). Features and functions of the Website and Real Estate Agent’s policies and procedures for information handling may change without notice and it is your responsibility to ensure that you understand how to use the Website in accordance with these updated policies and procedures.
Your Website Account will be password protected and only you will have access to the Website using this account. Your Website Account consists of an online email address (“Email”), username (“Username”), and a password (“Password”). In order to receive a Website Account, you agree (i) to provide, true, accurate, current and complete information as prompted by a registration form about you; and (ii) to maintain and promptly update such information to ensure it remains true, accurate, current and complete. If Real Estate Agent has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Real Estate Agent has the right to suspend or terminate your Website Account and your access to all or part of the Website.
To access and use certain features of the Website, you may need to provide Real Estate Agent with certain current, complete, and accurate information, including your first name, last name, and other names that identify you, your email address, and any other data or information that has been requested by Real Estate Agent and provided by you to Real Estate Agent
You are responsible for maintaining the confidentiality of the Password you use in association with your Website Account and are responsible for all activities that occur under your Username and Password. You agree to notify Real Estate Agent immediately of any unauthorized use of your Username and/or Password or any other breach of security, and to ensure that you log out from your Website Account at the end of each session. Real Estate Agent will not be liable for any loss or damage arising from your failure to protect your Username or Password from loss or inappropriate use.
- SIXY Website, a turnkey website solution for realtors, owned by Sixy Inc., whose terms can be found here or at https://www.sixy.ca/terms-conditions/;
- Virtual Office Website (VOW) and Internet Data Exchange (IDX), which are real estate data products regarding real estate listings and transactions, owned by the Toronto Real Estate Board (TREB), whose terms can be found here or at https://ecommerce.torontomls.net/terms.html;
- Facebook Pixel, an analytics tool to measure the effectiveness of marketing and advertising, owned by Facebook, Inc., whose terms can be found here or at https://www.facebook.com/legal/technology_terms;
- FS Poster, an auto poster and scheduler, owned by FS Code a division of Booknetic, whose terms can be found here or at https://www.booknetic.com/terms-and-conditions; and
- Google Analytics, a web analytics service that tracks and reports website traffic, owned by Google LLC, whose terms can be found here or at https://marketingplatform.google.com/about/analytics/terms/us/.
All content and data made available by Real Estate Agent through the Website, including any Third Party Content, (the “Real Estate Agent Content”) is protected by copyright law and owned solely and exclusively by Real Estate Agent and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Real Estate Agent Content; (b) market, sell, re-sell or make commercial use of the Website or any Real Estate Agent Content; (c) systematically collect from the Website and use any Real Estate Agent Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Website or the Real Estate Agent Content.
If you make any information, data or content available to Real Estate Agent, including by contacting Real Estate Agent, or providing comments or ideas about Real Estate Agent’s Services or the Website (“User Content”), you are deemed to grant Real Estate Agent a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Website without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Website or that is made available using your Website account. If you make User Content available, you represent that you have the right to do so. You may not post violent, nude, partially nude, obscene, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive User Content on or through the Website. Real Estate Agent may remove any User Content that the Real Estate Agent deems objectionable. You understand and agree that Real Estate Agent cannot and will not be responsible for the User Content and you use the Website at your own risk.
- Copyright and Limited License
- Suspension, Termination of Access, and Closing of Accounts
Access to and participation in the Website is entirely voluntary. You may discontinue your participation in the Website at any time by notifying Real Estate Agent Should you discontinue your participation in the Website, or if your access to the Website is discontinued or terminated for any reason, your Website Account Username and Password will be deactivated. Where a Website Account holder decides to discontinue participation in the Website, access by all Website Users linked under that Website Account will be terminated and their Usernames and Passwords deactivated.
- Use Restrictions
- Electronic Notices
Real Estate Agent will send you notifications, alerts and other communications by email (at the email address provided on your Website Account) and/or through the Website, including:
- Alerts and requests for information in relation to identity theft and other fraud or security-related activities;
- Requests for information that may be required in connection with Real Estate Agent’s legal obligations;
- Notifications containing legal disclosures;
- Communications arising from all manner of legal actions, causes of action, complaints, claims, applications to administrative tribunals, legal demands or otherwise;
- Notifications of corporate actions that require your attention;
- Alerts providing you with reminders or Account-related instructions; and
- Other Account-related alerts requested by you.
You agree that receipt of these notifications, alerts and other communications by email as determined by Real Estate Agent is a mandatory and integral part of your Account.
- Risks of Using Email
The security of email messages is not guaranteed. Messages sent to, or from, Real Estate Agent may be seen by others using the Internet. Email is easy to forge, may be accidentally forwarded, and may exist indefinitely. For this reason, it is recommended that you do not use email to discuss information you think is sensitive. If you decide to use email, please inform Real Estate Agent if there are certain types of information that you do not want to discuss by email. Do not use email in an emergency because email can be delayed.
- Rules Governing Postings Made to the Website
The Website is used by multiple users and we ask each that each user respect the rights of each other user of the Website. It is a condition of your use of the Website that you do not:
- Restrict or inhibit another user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website or do anything which, in the sole, absolute, and unfettered discretion of Real Estate Agent, imposes an unreasonable or disproportionately large burden on the Website infrastructure;
- Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
- Post or transmit any information, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein or derivative works with respect thereto, without first obtaining permission from Real Estate Agent or rights holder;
- Post or transmit any information or material which contains a virus or another harmful component;
- Post or transmit “junk mail”, “chain letters”, unsolicited mass mailing or “spam”;
- “Mine” or otherwise use the Website for commercial purposes, including, without limitation, posting, or transmitting any information or material which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes; or
- Engage in any other behavior in connection with the Website which Real Estate Agent in its sole, absolute, and unfettered discretion determines is objectionable.
Subject to any applicable law, any Postings made using this Website or otherwise made to Real Estate Agent are made on a non-confidential basis. Any data contained in the Postings in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is non-confidential information. Real Estate Agent is under no obligation to refrain from reproducing, publishing or otherwise using them, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Real Estate Agent to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings.
- Privacy of Personal Information
You can permanently remove Personal Information from your Website Account at any time. In case you want to recover the deleted information, Real Estate Agent may be able, at its sole, absolute, and unfettered discretion, to retrieve a back-up copy of the Personal Information which was stored on the Website for up to 30-days after you instruct the Website to delete this information. Otherwise, Personal Information, including any that was paid for through the use of the Website, are permanently removed from the Website and must be recreated on the Website or repurchased.
In the event that you save, print, fax, or transmit copies of your Personal Information from the Website (“Downloaded Information”), you are responsible for maintaining the privacy and security of this information. Real Estate Agent will not be liable for loss, theft, or any consequences arising from misuse of Downloaded Information.
Any Personal Information placed on the Website or otherwise provided to Real Estate Agent, in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered confidential information (“De-Identified Information”). You agree that in the event you delete Personal Information from the Website, Real Estate Agent may maintain a copy in the form of De-Identified Information. Real Estate Agent is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind on such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to Real Estate Agent to use, copy and display all De-Identified Information, and waive the right to receive any financial or other consideration in connection with such De-Identified Information.
- Cookies and Computer Data
- Fees and Refund Policy
In consideration for the Services provided by Real Estate Agent to you, you agree to pay the fees for such Services as communicated to you via the Website, via email, via any contact information that you provide to us, or as otherwise communicated to you.
Any fees payable to Real Estate Agent for services are in Canadian dollars and considered final payments. If and where Real Estate Agent invoices you for the Website or any Services, any additional payment terms are stated: at the point of sale, including via a third-party; in your agreement with Real Estate Agent; on the invoice; or in any other place or medium or media in connection with the provision of any such Services. You agree that you are bound to pay to Real Estate Agent all of the foregoing fees immediately upon receipt of any such invoice. No refunds will be given on fees paid except at the sole, absolute, and unfettered discretion of Real Estate Agent
- Website and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE SERVICES, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR COMPANY CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY COMPANY CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. COMPANY SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF COMPANY IN OPERATING THE WEBSITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”), BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY COMPANY CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) THAT EXCEEDS, IN THE AGGREGATE, THE AMOUNTS THAT YOU HAVE PAID COMPANY IN RESPECT OF THE SERVICES IN THE 30 DAY PERIOD THAT IMMEDIATELY PRECEDED THE DATE OF YOUR CLAIM OR IF YOU HAVE MADE NO SUCH PAYMENTS TO COMPANY, TEN CANADIAN DOLLARS (CAD $10).
IN NO EVENT WHATSOEVER SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
REAL ESTATE AGENT SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE THE FAILURE RESULTS FROM ANY CAUSE BEYOND REAL ESTATE AGENT’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
All product, brand and company names and logos and trademarks displayed on the Website or used in connection with the Services are the trademarks of Real Estate Agent (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Website or in connection with the Services without the express written consent of Real Estate Agent or the owner of the mark, as appropriate, is strictly prohibited.
- Jurisdiction and Choice of Law
If you live outside of the Province of Ontario, you may also be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. However, nothing herein shall be construed as Real Estate Agent’s agreement to the application of any such consumer protection laws.
- Entire Agreement
- Electronic Documents
- Conformance with Law
Real Estate Agent may provide notices or communications to you on the Website and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
Last Updated: 07/05/21
Effective Date: 01/06/21